A LANDLORD has booted out a tenant for using the central heating too much and for incessantly leaving the lights on, a tribunal heard.
The heated rental dispute came to a head at the Small Claims Court in British Columbia, Canada, where the tenant claimed she was wrongfully evicted.
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As a result of being kicked out, tenant Margaret Jo-Ann Ferriman was seeking £3000 in damages from her landlord, Carol Ann Pearson.
The total sum included about £730 for a rent and deposit refund, £1,200 in various expenses, £503 for medical products she had to throw away and £578 in punitive damages.
The tribunal heard that Ferriman moved into the Pearson home on November 1, 2021, where she began renting a room.
Ferriman paid a £213 deposit, plus £517 for the upcoming month’s rent with utilities included.
A contract was signed before Ferriman moved in but the agreement was not submitted to the court as evidence.
However, Pearson claimed the contract included a term limiting how much heat tenants could use.
Ferriman said five days later Pearson told her the “living arrangement was not working”.
Subsequently, Pearson gave Ferriman three months’ notice to vacate the property.
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In addition, she also provided a written letter that noted the excessive heat usage.
On November 9, Pearson gave her tenant another six-week notice to move out by December 30, 2021.
However, as the heat usage went on, Pearson also claimed Ferriman was leaving the lights on excessively.
A few days later, the two woman got into a heated altercation.
Ferriman said Pearson wanted her out “right away” and that she would be calling someone to collect Ferriman’s belongings.
The woman contacted the police, who came and spoke with both parties.
Perason’s version of the story was that she went to put Ferriman’s chair in her room and then she started yelling and pushing her.
She also alleged Ferriman went to the kitchen, pulled out a bread knife, and came her yelling “get out”.
Ferriman denied the allegations and the tribunal member suggested there was not sufficient evidence that proved the bread knife incident happened.
The tribunal member said: “I find it more likely than not that Ms Ferriman did not threaten Ms Pearson with a knife on November 11.
“So, I find it unproven that Ms Ferriman breached the parties’ agreement.”
Ferriman was not afforded the total £3000, however she was awarded £661 in damages, £12 in pre-judgment interest and £60 in CRT fees.
